Terms of Service

CN Brown Electricity, LLC.

Terms and Conditions

Version 2015.7.6

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1. Purchase and Supply Agreement: C.N. Brown Electricity, LLC (CNBE) agrees to sell and you (Customer) agree to buy electricity generation service at the price and terms set forth in this Agreement and the Contract Disclosure Statement (together, “Supply Contract”) throughout the term of this Supply Contract.

2. Price and Term: Customer will be billed at the rate per kilowatt hour (kWh) identified in the Contract Disclosure Statement. This rate does not include any applicable taxes or transmission and delivery charges billed by the host utility company. Customer’s electricity rate will be fixed for the number of months identified in the Contract Disclosure Statement under length of plan. Customer’s term shall begin from the first meter read date of service under CNBE. At the end of Customer’s contract term, Customer will be notified of Customer’s renewal rate and term being offered. If Customer do not opt out of the renewal offer, Customer will automatically be renewed at the new rate and term identified in the renewal notice. Please note that change of service for electricity accounts takes place on Customer’s designated meter read date, as set by Customer’s host utility. Therefore, Customer’s service will be commenced by CNBE on the designated meter read day, which occurs once a month. As such Customer should allow for one to two invoice periods to pass before a change will be shown on Customer’s electricity bill.

3. Right of Rescission: Customer may rescind Customer’s selection of CNBE as Customer’s competitive electricity provider as provided in these Terms of Service. As ordered by the Maine Public Utilities Commission, Customer may rescind this offer of electricity supply as described in this paragraph. Customer’s rescission shall be effective if received by CNBE no later than eight (8) calendar days after the CNBE deposits the Terms of Service document in the U.S. mail system for first class delivery to the customer or no later than five (5) calendar days after CNBE delivers the document personally to the customer or sends the document by electronic means to a customer who has agreed to receive the disclosures from the provider by electronic means. Customers may rescind over the phone by calling 1-800-296-2721, via electronic mail to electricity@cnbrown.com or in writing addressed to C. N. Brown Electricity, LLC P.O. Box 200 South Paris, ME 04281.

4. Early Termination Fee: In the event that Customer does not fulfill the entirety of their contract obligation to CNBE, Customer agrees to pay CNBE an ”Early Termination Fee” of $100 to offset the cost of any unused power purchased by CNBE for the purposes of serving Customer’s accounts. This fee shall be charged per account and will be payable directly to CNBE.

5. Billing: Customer’s account will be billed through Customer’s utility company, on Customer’s regularly scheduled monthly invoice. Customer’s utility company is «Utility». CNBE reserves the right to change billing methods. If at any time customer enters into a payment plan with host utility while customer has an outstanding balance with CNBE, Customer must notify CNBE within 15 days of entering into such plan. If Customer has any questions or concerns about any details of the electric service, other than the electricity rate charged by CNBE, Customer should call their host utility company for assistance.

Customer should also refer to their host utility in the event of a maintenance issue, power outage or general service question.

6. Termination: Customer may terminate this Agreement without penalty by notifying CNBE thirty (30) days prior to this contract expiration date. If Customer does not notify CNBE of a desire to terminate within thirty (30) days prior to contract expiration, CNBE has the right to renew Customer for a subsequent contract term under Section 8 Renewal below. If customer chooses to terminate this agreement prior to its expiration a $100.00 early termination fee will assessed and will be payable directly to CNBE. CNBE will notify the host utility within 2 business days. Customers may cancel service over the phone by calling 1-800-296-2721, via electronic mail to electricity@cnbrown.com or in writing addressed to C. N. Brown Electricity, LLC P.O. Box 200 South Paris, ME 04281. CNBE reserves the right to terminate Customer account(s) for non- or partial payment of electricity account(s) that exceed thirty (30) days past due. In the event that Customer’s account is terminated by CNBE for failure to make prompt and full payment, Customer will be liable to CNBE for amounts owed as well as the $100 ”Early Termination Fee” described in Section 4.

7. Unpaid Balances, Late Payments and Charges: CNBE reserves the right to charge interest on any outstanding balances more than 30 days overdue at the maximum allowed default interest rate, not to exceed 1.5% per month. CNBE may charge $25.00 for any returned check. Any unpaid balances, inclusive of interest charges and early termination fees, shall be reported to a collection agency if such balances are not satisfied within ninety (90) days of invoice.

8. Renewal Notice and Notification of Changes: CNBE will notify Customer in writing twice between 30 and 60 days prior to the end of the initial contract term of the renewal rate and term length, which shall not exceed 18 months or the length of the existing supply contract, whichever is longer. Customer will have the right to reject the renewal terms by contacting CNBE prior to the notification deadline identified in the renewal notice. Contact may be made by calling 1-800-296-2721, via electronic mail to electricity@cnbrown.com or in writing addressed to C. N. Brown Electricity, LLC P.O. Box 200 South Paris, ME 04281. CNBE may opt to switch Customer to an alternative rate plan depending upon market conditions at the time of renewal, this will be identified in the renewal notice. If customer does not affirmatively reject the renewal offer the account will automatically renew at the rate and terms identified in the renewal notice. If CNBE makes any changes to the initial Supply Contract, other than the rate and term change identified in renewal notice, CNBE must provide written notice to customer between 30 and 60 days in advance on the change in the Terms of Service. Customer must affirmatively consent to continued service under the modified terms of service.

9. Customer Deposits: CNBE does not require a customer deposit to enroll.

10. Information Release Authorization: Customer hereby authorizes CNBE to review any and all information relating to Customer’s electricity account with their host utility company as well as credit information provided by credit reporting agencies. This includes, but is not limited to, customer usage history, payment history, load profile, credit history, credit score, and any other account information that CNBE deems pertinent for service. CNBE reserves the right to refuse service for any Customers with outstanding or unpaid balances with the host utility company beyond thirty (30) days. CNBE may refuse service to any Customer that does not meet the minimum credit standard.

11. Change in Law or Regulation: If a new Law or Regulation shall be enacted, or there shall occur any revisions in, implementation of, or amendments to, any Law or Regulation that results in increased costs to CNBE that would not have occurred but for such change in Law or Regulation, CNBE shall have the right to increase the charges for electricity supply to Customer to reflect a one-hundred percent pass-through to Customer of such increased costs (including administration costs associated therewith) upon written notice from CNBE to Customer. CNBE shall reflect such increased costs on Customer’s invoice via an increase in the supply rate assessed on Customer’s monthly invoice.

12. Disclosure Label: Please find a copy of the CN Brown Electricity’s Disclosure Label online at www.CNBrownElectricity.com, if Customer do not have web access please contact CNBE and request a hard copy via regular mail or a PDF version via electronic mail.

13. Do Not Call List: Information regarding the Do Not Call Registry, including instructions for sign up, maybe found at www.donotcall.gov

14. Assignment: CNBE has the right to assign or transfer the supply contract without Customer’s consent if there is no change in the terms of the supply contract upon assignment. Notice of such assignment shall be provided to Customer within 30 days after the assignment. Customer, however, may not transfer or assign their rights or duties under this contract to anyone without the express written consent of CNBE.

15. CNBE Notice to Customers and CNBE Affiliations: By providing an email address Customer are consenting to the use of email as an acceptable form of communication for notifications. Should Customer wish to receive information by mail, please contact our office immediately. C.N. Brown will utilize the mailing or email address provided by Customer and is not liable for any undelivered CNBE notices resulting from incorrect electronic or physical mailing addresses. Customers are encouraged to double check their enrollment forms to ensure that all information is input completely and accurately. CNBE is not affiliated with the host utility company.
16. Force Majeure: If something happens that is beyond CNBE’s or Customer’s reasonable control that prevents either Party from performing the respective obligations under this Agreement, then whichever Party cannot perform will be relieved from performance until the situation is resolved. Examples of such events include: acts of God, fire, flood, hurricane, war, terrorism; declaration of emergency by a governmental entity, the ISO or the Host Utility; curtailment, disruption or interruption of electricity transmission, distribution or supply; regulatory, administrative, or legislative action, or action or restraint by court order or other governmental entity; actions taken by third parties not under Customer’s or CNBE’s control, such as the ISO or a Host Utility. Such events shall not excuse failure to make payments due in a timely manner for electricity supplied to Customer prior to such event. Further, if such an event prevents or makes it impossible or impracticable for the claiming party to carry out any obligation under this Agreement due to the events beyond either Party’s reasonable control for more than 30 days, then whichever Party whose performance was not prevented by such events shall have the right to terminate the Agreement without penalty upon 30 days’ written notice to the other Party.

17. Indemnification obligations: CNBE will have no liability or responsibility for matters within the control of the UDC or the ISO controlled grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, or meter readings. Each Party (The “Indemnifying Party”) will defend, indemnify and hold the other Party harmless from any and all claims (Including claims for personal injury, death, or property damage), losses, expenses (including
reasonable Attorneys’ fees), damages, suits, cause of action and judgments of any kind to the extent caused by the negligence or willful misconduct of the indemnifying party.

18.Maine Public Utilities Commission: If Customer would like to contact the MPUC and register a complaint or seek advice their contact information is below:Customer can enter Customer’s complaint online by visiting the consumer complaint form.https://mpuc-cms.maine.gov/CQM.Public.WebUI/CAD/CADResidentialComplaint.aspx
For more immediate assistance regarding the termination of Customer’s utility service, call their ConsumerAssistance Hotline at 1-800-452-4699, Monday through Friday, 8:30 a.m. to 4:30 p.m.
Or write:
Maine Public Utilities CommissionConsumer Assistance Division18 State House StationAugusta, ME 04333-0018

19.Standard Offer Service:  Standard Offer Service is the electricity supply provided to all consumers who do not have a choice, or donot choose a competitive electricity provider. The supplier of standard offer service is a competitiveelectricity provider licensed by the Maine Public Utilities Commission and is chosen through a competitivebidding process. If Customer’s service with CN Brown Electricity ends for any reason and Customer donot choose another licensed CEP then Customer will automatically be switched to Standard Offer Serviceon Customer’s next meter read date.